Análisis jurídico de los principios constitucionales de prioridad y proporcionalidad como respuesta a la organización delictiva desde cárceles en Manabí 2023.

Abstract

The effective application of constitutional principles such as priority and proportionality would be carried out as a possible measure in the face of a prison crisis full of violence, murders, overcrowding, riots and corruption in penitentiary centers in Manabí; its unsustainability lies not only in the security and control measures in the penitentiary regime, but also influences the increase in the commission of organized crimes within these facilities aimed at social reintegration. For its part, the general objective of this research project is to legally analyze the constitutional principles of priority and proportionality as a response to criminal organization from prisons in Manabí 2023. Likewise, the research is presented as a qualitative type with interviews conducted with the directors of the Manabí penitentiary system in which three types of scientific methods are included: deductive-inductive, descriptive and analytical; These were complemented with doctrine, regulations and jurisprudence related to the penitentiary system, and reports issued by the institutions that regulate the penitentiary system such as the SNAI were also taken into consideration. In addition, the population of this research project is made up of the penitentiary centers of Manabí and the sample was taken from the interviews provided by directors of these penitentiary facilities. Through the interviews, it was possible to demonstrate the legal problems evidenced in the penitentiary administration and the incorrect applicability of the principles of priority and proportionality in the control and security measures applied in the penitentiary centers of Manabí to prevent criminal organization.